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fight4justiceguy (freelancer)     07 June 2013

Does any case by her, make her weak in court.. stated...

I got married to her - november 2010.

Is there any benefit in my case, where she is  staying with her family more than 3 years (Jan 2011 and yet counting) and then file a false case of 

 

> 498A, DV, or even maintenance.

 

Does any case by her, make her weak in court, with a point that, she has been staying at her mother place almost for more than 3 years, just after 2 months of marriage?



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 1 Replies

Hemang (Advocate)     07 June 2013

First of all, I would advise you to involve the elder members of your family with whom you insire confidence and try to explore the possibility of compromise, so that the matrimonial home can be saved from being broken. If the compromise is not possible, exactly know what your wife want? Whether she is ready and willing to come back, or wants divorce. If she prefers divorce, it is advisable that you take divorce, provided there is no congenial atmoshpere in your matrimonial life. However, you will be "responsible" for giving permanent alimony. The husband cannot escape from providing maintenence from the "financial resorces". The position is made very clear under the law. And more particularly, under the Protection of Women from Domestic Violenece Act. When she has filed a complaint under Section 498 A of the Indian Penal Code and simulataneous complaint under the Domestic Violence Act, the Court is bound to provide some relief to the person aggrieved (Wife); The definition of "Domestic Violenece" as provided under Section 3 of the Act is so wider in its nature that the husband cannot escape from honouring the liability towards the wife. 

 

She must have made an allegation of cruelty against you. She must have also pleaded in her complaint other kind of tourture. And, when you are not paying the maintenence to your wife, it will fall within the meaning of the definition and explanation that speaks of "economic abuse". Be it clearly noted that not providing the maintenence is nothing, but an act of economic abuse. So, it is better to start maintenence at once. And try to settle. If not settled, try for divorce. Pay the permanent alimony and say good bye. 


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